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Legislative Leaders Include New Cannabis Misdemeanor Proposal in Virginia’s Budget Plan

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Legislative leaders in Virginia unveiled a new cannabis misdemeanor proposal in the state’s budget plan May 29.

The proposal would create a new criminal misdemeanor for the possession of more than 4 ounces of cannabis in public, according to the Richmond Times-Dispatch.

The measure marks the third time this year that Virginia’s lawmakers have considered creating new crimes for cannabis possession, the news outlet reported, despite former Gov. Ralph Northam signing an adult-use legalization bill into law last year.

RELATED: Virginia Lawmakers Reject Governor’s Cannabis Misdemeanor Proposal in Veto Session

The latest proposal lies within the proposed two-year state budget, which was revealed to the public Sunday, the Richmond Times-Dispatch reported.

Backed by House Appropriations Chair Barry Knight, R-Virginia Beach, and Senate Finance and Appropriations Chair Janet Howell, D-Fairfax, the proposal would classify the possession of more than 4 ounces of cannabis in public as a Class 3 criminal misdemeanor, which is punishable by a fine of up to $500 and a criminal record, according to the news outlet.

Subsequent offenses would be considered Class 2 misdemeanors, punishable by up to six months in jail and a fine of up to $1,000, the Richmond Times-Dispatch reported.

The Virginia General Assembly will convene in a special session June 1 to consider the budget, according to the news outlet.

Last year, lawmakers legalized the possession of up to an ounce of cannabis for personal use and the home cultivation of up to four plants; possession of more than an ounce and up to a pound of cannabis is punishable by a $25 civil infraction under current law, while possession of more than a pound is considered a felony.

Virginia’s Joint Legislative Audit and Review Commission then recommended that the state create a criminal misdemeanor for those who possess what lawmakers consider too much cannabis, the Richmond Times-Dispatch reported.

RELATED: New Governor, Reenactment Clause Could Mean Changes to Virginia’s Adult-Use Cannabis Law

Two prior efforts to add new criminal penalties for cannabis possession to Virginia’s state law stalled earlier this year; a bill sponsored by Sen. Adam Ebbin, D-Alexandria, failed in the House, the Richmond Times-Dispatch reported, while Gov. Glenn Youngkin’s proposed amendments to a hemp bill was not adopted by the General Assembly.


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